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To promote stable, constructive labor-management relations through the resolution and prevention of labor disputes in a manner that gives full effect to the collective-bargaining rights of employees, unions, and agencies.

14 FLRA No. 16
DEPARTMENT OF THE ARMY
U.S. ARMY CONCORD DISTRICT RECRUITING COMMAND
CONCORD, NEW HAMPSHIRE
Activity
and
DAVID KEUTHER
Petitioner
Case No. 1-DR-20001
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1900
Labor Organization/Incumbent
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under section 7111(b)(1)(B) of the Federal
Service Labor-Management Relations Statute (the Statute), a hearing was
held before a hearing officer of the Authority. The Authority has
reviewed the hearing officer's rulings made at the hearing and finds
that they are free from prejudicial error. The rulings are hereby
affirmed.
Upon the entire record in this case, the Authority finds: The
Petitioner, David Keuther, an employee of the activity, seeks the
decertification of the American Federation of Government Employees,
AFL-CIO, Local 1900 (AFGE), as the exclusive representative of certain
employees of the Activity. The parties stipulated and the Authority
finds, in accordance with the criteria set forth in section 7112 of the
Statute, that the following constitutes an appropriate unit:
Included: All nonprofessional civilian employees of the U.S. Army
Concord District Recruiting Command, Concord, New Hampshire.
Excluded: All professional employees, management officials,
supervisors, and employees described in 5 U.S.C. 7112(b)(2), (3), (4),
(6) and (7).
The sole issue before the Authority is the timeliness of the instant
petition. AFGE contends that the petition was untimely filed as it was
not filed within the challenge period provided for in section 2422.3(d)
of the Authority's Rules and Regulations, which implements section
7111(f)(3) of the Statute. /1/ On May 14, 1980, the Activity and AFGE
signed a collective bargaining agreement which provides, in Article
XXXVII, section 1, that the "(A)greement will remain in full force and
effect for two (2) years from the date of approval by the agency."
However, section 5 of that same Article states that "(T)his agreement
shall become effective thirty (30) days after signing by the Union
President and the DRC Commander." Subsequently, the contract was
reviewed by Headquarters, United States Army Recruiting Command,
pursuant to section 7114(c) of the Statute, returned to the parties for
revision, and ultimately approved by the Agency on July 3, 1980.
Keuther, pursuant to his reading of section 1 of Article XXXVII of the
agreement, filed the instant decertification petition on February 22,
1982, believing that the contract became effective on May 14, 1980 when
it was signed by the parties. However, AFGE contends that the
collective bargaining agreement was not effective until 30 days after it
was signed, on June 14, 1980, pursuant to section 5 of Article XXXVII of
the agreement, and thus it did not expire until two years thereafter on
June 14, 1982. AFGE concludes that Keuther's petition is untimely since
it was not filed between 60 and 105 days prior to June 14, 1982. The
Activity takes no position.
The Authority finds that in the circumstances of the case, there is
no agreement bar to the holding of an election pursuant to the instant
petition. In the Authority's view, to serve as a bar, a negotiated
agreement must contain a clear and unambiguous effective date and
language setting forth its duration so that any potential challenging
party may determine when the statutory open period will occur. As the
underscored language from the agreement set forth above establishes, the
agreement contains two contradictory clauses concerning its effective
date. Thus, in the absence of a clear and unambiguous date upon which
the agreement between the Activity and AFGE became effective, which
results in ambiguity as to the agreement's expiration date, the
Authority finds that the agreement does not bar the processing of the
instant petition in the circumstances of this case.
In view of the above, the Authority shall order an election in the
unit currently represented by AFGE.
DIRECTION OF ELECTION
An election by secret ballot shall be conducted among the employees
in the unit described above as soon as feasible. The appropriate
Regional Director shall supervise or conduct the election, as
appropriate, subject to the Authority's Rules and Regulations. Eligible
to vote are those in the voting group who were employed during the
payroll period immediately preceding the date below, including employees
who did not work during that period because they were out ill, or on
vacation or on furlough, including those in the military service, who
appear in person at the polls. Ineligible to vote are employees who
have quit or were discharged for cause since the designated payroll
period and who have not been rehired or reinstated before the election
date. Those eligible shall vote on whether or not they desire to be
represented for the purpose of exclusive recognition by the American
Federation of Government Employees, AFL-CIO, Local 1900.
Issued, Washington, D.C., March 16, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ Section 7111(f)(3) provides that:
(f) Exclusive recognition shall not be accorded to a labor
organization--
* * * *
(3) if there is then in effect a lawful written collective
bargaining agreement between the agency involved and an exclusive
representative (other than the labor organization seeking
exclusive recognition) covering any employees included in the unit
specified in the petition, unless--
(A) the collective bargaining agreement has been in effect for
more than 3 years, or
(B) the petition for exclusive recognition is filed not more
than 105 days and not less than 60 days before the expiration date
of the collective bargaining agreement(.)